ILLINOIS POLLUTION CONTROL BOARD
April 22, 1976
ENVIRONMENTAL PROTECTION
AGENCY,
)
)
Complainant,
V.
)
PCB 75-2
WEAVER TRUCKING CORPORATION,
INC.,
)
an Illinois Corporation, GLENN
D.
)
WEAVER,
an individual,
and BESSIE R.
)
WYSS, an individual,
Respondents.
Mr. Fredric Benson, Assistant Attorney General, appeared on
behalf of the complainant.
Mr. Melvin 0. Moehie appeared on behalf of the respondents.
OPINION
AND
ORDER OF THE BOARD
(by Dr. Satchell):
This case comes before the Board upon a complaint filed
on January
2,
1975 by the Environmental Protection Agency
(Agency).
The complaint alleged that Weaver Trucking Cor-
poration and Glenn
D.
Weaver had leased and operated certain
property as
a refuse disposal site located in a portion of
the Southeast 1/4 of the Southwest 1/4 of Section
9, Town-
ship 26 North, Range
3 West,
in Tazewell County and that
Bessie
R. Wyss has owned the aforementioned property at all
times pertinent to this complaint.
The allegations of
Count
I are that from July 1,
1970 to July 27,
1973 that
Respondent was in violation of Section 21(e)
of the Act
and that from July 1,
1970 to the date of filing, Respondent
was also in violation of Sections 21(a)
and 21(b)
of the Act.
Further allegations were made of violations of day to day
operating rules from July 1, 1970 to July 27, 1973 under the
Rules and Regulations for Refuse Disposal Sites and Facilities
(hereinafter Rules)
remaining in effect pursuant to Sec-
tion 49(c)
of the Act; these included violations of Rules
4.02(a), 4.03(a), 4.03(b),
4.03(c),
5.03,
5.04,
5.06, 5.07(a),
5.09,
5.10(a), 5.10(b), and 5.10(d).
Count II alleges a similar mode of operation as to
that in Count I; however, Count II alleges these operations
from dates of July
27,
1973 to the date of filing this complaint.
This period takes into account the current regulations, thus
alleging violations of the following of the Pollution Control
21—211
—2—
Board’s Solid Waste Regulations
(hereinafter Regulations):
303(b)
,
305(a)
,
305(b)
,
306,
307(b)
,
307(d)
,
314(b)
,
314 (e)
and
314(f).
The Respondents permanently closed the refuse
disposal site in question on or about June 29,
1974.
Count II
further
alleges
a
failure
to
place
final
cover
and
a
violation
of
305(c)
of
the
Regulations.
February
23,
1976
a
hearing
was
held
at
Pekin,
Illinois.
A
Stipulation
of Facts and Settlement Proposal was presented
at
the
hearing,
There
was
no
other
testimony.
The
Stipulated
Facts
are
as
follows.
The
site
in
question
had
been
run
for
about
fifteen
years
prior
to
June
23,
1974
at
which
time
Mr.
Weaver
ceased
accepting
refuse.
The
site
is
in
a
predominantly
rural
area
and
if
developed
with
proper
engineering
and
operated
in
conformity
with
applicable
laws
and
regulations
the
property would be suitable to a refuse disposal site.
The site when it was operating was convenient to
neighboring
communtites
who
would otherwise have had to
go farther to dispose of refuse.
During this time the
site was operated on the average by no more than two
people and at a maximum, no more than five.
Respondent
Glenn
D.
Weaver
admits
the
violations
alleged in the complaint as they apply to him.
From
May
14,
1971 to June
10,
1974, twenty—nine inspections
of the site were made and twenty-three letters conveying
findings
of
the
inspections
were
sent
by
the
Agency
and
received by Mr. Weaver.
It addition at each inspection
either Mr. Weaver or the operator was orally informed as
to the deficiencies noted
(Stip.
at 4).
Citizen complaints
about the litter were made on January 19,
1973 and March
4,
1974.
The
northeast
portion
of
the
site drains into one
of the tributaries of the Ten Mile Creek.
During the
use of the site and since remedial measures have been
taken leachate has been observed leaving the site and
running into a tributary of the Ten Mile Creek.
During an inspection on July
10, 1974 equipment was
observed applying
a final cover; however, later in 1974
inspections showed areas of uncovered refuse.
From
January 16,
1975 through February 1975, Mr. Weaver com-
pleted applying final cover to the site.
This cost Mr.
Weaver $43,167.50 for labor and $7,140 for equipment
rental.
Inspection on May 22,
1975 revealed that the cover
was generally complete and satisfactory; however, several
specific areas needed more work.
Mr. Weaver estimated
that this work, except for one area, would cost $4,716.
21— 212
—
Under the Settlement Proposal Mr. Weaver agrees to
complete closure
of the
site
in
accordance
with
Rule
318
of the Board’s Solid Waste Rules and Regulations.
Respon-
dent also agrees
to:
(1)
regrade or backfill a ditch
flowing
northeast
from the road at the south central
portion
of the
site;
(2)
recover eroded portions of the
site at its northwest and northeast corners;
(3)
apply
more compacted
cover
in the
northeast corner of the site
in order to prevent leaching;
(4)
correct conditions
causing blocked drainage at the end of the site;
(5) restrict
access to the site; and
(6)
prepare and seed the site.
These
actions are to be completed
by
June
1, 1976 or within sixty
days of the Board Order, whichever occurs later,
There
is
a potential :Leachate problem on the southern
side of the site.
The
township road district
is planning
to do some work
on
the road bordering the southern side of
the site.
This work
is to
be done by June
1, 1976 and is
expected to eliminate the drainage problem.
If the work
is not completed by this time,
Mr. Weaver will then assume
responsibility for preventing water from ponding on the
southern portion
of the site,
and shall complete action to
accomplish this goal by July
1,
1976 or within thirty days
after the Board Order approving the settlement, whichever
occurs later.
Respondent agrees to pay a penalty of $1,000 for the
violations herein admitted.
The Agency found this penalty
sufficient in view of the fact the site
is no longer
accepting refuse and that much remedial work at sizeable
expenditure was voluntarily performed.
The Agency agreed
to dismissing Respondents Weaver Trucking Service,
Inc.,
and Bessie R. Wyss without prejudice.
The Board finds the proposed Stipulation of Facts and
Settlement Proposal acceptable under Rule 333 of the
Procedural Rules.
The Board finds that Respondent Glenn W. Weaver was
in violation of the named Rules and Regulations and
Sections of the act.
A penalty of $1,000
is assessed for
these violations.
Considering the number of violations
involved this penalty is not large, however, sizeable
expenditures and remedial work are mitigating factors.
Respondents Weaver Trucking Service,
Inc., and
Bessie
R. Wyss are dismissed without prejudice.
This constitutes the Board’s findings of fact and
conclusions
of law.
21
—
213
—4--
it
is the order of the Pollution Control Board that:
1.
Respondent Glenn
D. Weaver was in violation of
the following Rules and Regulations for Refuse Disposal
Sites and Facilities remaining
in effect pursuant to
Section
49(c)
of the Act: 4.02(a),
4.03(a), 4.03(b), 4.03(c),
5,03,
5.04,
5.06, 5.07(a),
5.09,
5.10(a),
5.10(b)
and
5.10(d);
and of the following of the Board’s Rules and
Regulations for Solid Waste: Chapter
7:
303(b), 305(a),
305(b)
,
305(c)
,
306,
307(b)
,
307 Cd)
,
314 (b)
,
314 (e) and
314(f)
;
and Sections
21(a)
,
21(b)
and 21(e)
of the Environ-
mental Protection Act.
2.
Respondents Weaver Trucking Service, Inc., and
Bessie
R. Wyss are dismissed without prejudice.
3.
Mr. Weaver will complete closure of the site in
accordance with Rule 318
of
the Board’s Solid Waste
Regulations and in accordance with the six steps outlined
in the Stipulation and the body of this opinion within
60 days of this order or June
1, 1976 whichever comes
later.
If
it becomes necessary Mr. Weaver will also do
whatever work is required to prevent water from ponding
on the southern portion of this site.
This shall be com-
pleted by July
1,
1976
or
within 30 days of this order
whichever is later,
4.
Respondent Weaver will pay a penalty of $1,000
for the aforesaid violations.
Payment by certified check
or money order payable to the State of Illinois shall be
made within
35 days
of the date of this order to:
State of Illinois
Fiscal Services Division
Environmental Protection Agency
2200 Churchill Road
Springfield, Illinois 62706
5.
Respondent Weaver will cease and desist further use
of the site except for purposes of compliance with this order
or the Solid Waste Rules and Regulations of the Board.
I, Christan L. Moffett, Clerk of the Illinois Pollution
Control Board, hereby certify the above Opnion and Order
were adopted on the
~
day of
-
,
1976 by
avoteofp,
—
_________
Illinois
Pollution
21
214